TEXAS JUDICIAL COUNCIL
MINUTES OF MEETING
April 5, 2001
10:30 A.M.
SUPREME COURT COURTROOM
201 W. 14th Street, 1st Floor
AUSTIN, TEXAS
COMMENCEMENT OF MEETING
On April 5, 2001, Chief Justice Thomas R. Phillips called the regularly scheduled meeting of the Texas Judicial Council (Council) to order at 10:45 a.m. in the Supreme Court Courtroom in Austin, Texas.
ATTENDANCE OF MEMBERS
The Interim Director of the Council, Ms. Elizabeth Kilgo, called the roll. The following members of the Council were present:
Hon. Thomas R. Phillips, Chief Justice, Supreme Court
Hon. Sharon Keller, Presiding Judge, Court of Criminal Appeals
Hon. Marilyn Aboussie, Chief Justice, 3rd Court of Appeals
Ms. Willie Jean Birmingham, City Commissioner, City of Marshall
Mr. James Brickman, Chairman of the Board, Princeton Homes
Hon. Martin J. Chiuminatto, Jr, Judge, Kleberg County Court at Law
Deacon Jose Luis Lopez, San Antonio
Hon. Jim Parsons, Judge, 3rd Judicial District Court
Hon. David Patronella, Judge, Justice of the Peace Pct. 1 Pl. 2
Hon. Robin Smith, Presiding Judge, City of Midland
Hon. Rodolfo Tamez, Presiding Judge, Corpus Christi Municipal Court
Hon. Mike Wood, Judge, Probate Court No. 2
Members not in attendance were: Mr. Joseph Callier, Ms. Delia Martinez Carian, Hon. John Hill Cayce, Senator Robert Duncan, Representative Pete Gallego, Ms. Ann Manning, Hon. David Peeples, Hon. Penny L. Pope, Representative Senfronia Thompson, and Senator Royce West.
With a quorum established, the Council took the following action:
MINUTES OF THE PREVIOUS MEETING
The minutes of the December 14, 2000 and February 1, 2001 council meetings were adopted.
Elizabeth Kilgo summarized and discussed the status of SB720 relating to limiting certain political contributions by judicial candidates and officeholders, SB822 relating to the regulation of political contributions to judicial candidates and officeholders, and SB823 relating to the regulation of political contributions to certain judicial candidates.
Ms Kilgo discussed HB1117, filed by Rep. Goodman, relating to filing fee and petition
requirements for certain judicial candidates. The Council supported an amendment to HB1117
which would require minor party candidates and independent candidates to comply with the
provisions set forth in the bill.
Ms. Kilgo highlighted SB1098 and HB950 which are companion bills relating to juror reimbursement in certain counties. The Council discussed the funding aspects of increased juror pay. The Council agreed to not take a position on either bill.
BILLS OF INTEREST TO THE JUDICIARY
Ms. Kilgo discussed SB129 and HB1518 relating to the appointment and nonpartisan retention or rejection of appellate justices and judges and to elimination of a straight-party vote in connection with district judges.
Justice Aboussie reported on two judicial redistricting bills filled by Representative Thompson.
HB3168 would replace all of the current districts for district courts with only two districts-
basically north and south of I-10. HB3169 would divide the state into only two appellate
districts. With an effective date of September 1, 2003, the bills would force the legislature to
otherwise redistrict the courts prior to the next session.
Justice Aboussie highlighted several legislative proposals relating to judicial retirement. Justice
Aboussie informed the Council that the C.O.L.A. for Plan II in HB2464 and SB1569 resulted in
a large fiscal note. Justice Aboussie explained that judges who retire under Plan I receive
periodic adjustments as the salary of sitting district judges is increased. However, the judges
who retire under Plan II are held at that rate for the duration of their retirement and do not
receive periodic adjustments. The C.O.L.A. provision would provide the Plan II judges with the
same periodic adjustment as the Plan I judges.
Justice Aboussie also highlighted SB1591 relating to exemplary damages. The bill would
change the standard of review for exemplary damage cases and would require that an opinion
from the appellate court be agreed upon by all the judges on the court.
UPDATE ON SB7 - FAIR DEFENSE ACT
Justice Keller reported on the status of SB7 relating to the period during which a person arrested is required to be taken before a magistrate or released on bond and to the appointment and compensation of counsel to represent indigent persons accused of crime. The bill would create a standing committee (task force) of the Texas Judicial Council, which would establish standards for the appointment of council, oversee grants to the counties, and report indigent defense statistics to the Office of Court Administration. Any decisions made by the task force would have to be ratified by the Judicial Council.
Judge Aboussie pointed out that the most recent draft of SB7 did not include an intermediate
appellate judge among the membership of the task force. Judge Aboussie commented that this
omission could be significant in that the intermediate appellate courts handle ninety percent of
the criminal cases being heard.
UPDATE ON COURT FUNDING PRIORITIES
Judge McCorkle addressed the Council regarding the judicial pay raise funding priority.
OTHER BUSINESS
In a report on the Office of Court Administration, Mr. Benedict stated that Grayson County has requested the assistance of the Office of Court Administration in performing an efficiency audit of the court procedures in their county.
DATE OF NEXT MEETING
The Council plans to meet again in the middle of June.
There being no further business before the Council, the meeting was adjourned at approximately 12:30 p.m.
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Thomas R. Phillips
Chair